DO I NEED A SEPERATION ORDER?

do i need a seperation order before we divorce if so any one know how much this costs? who pays for it? confused and in debt:(

A 'Separation Agreement ' is used if you are not likely to be divorced in the very near future eg you are splitting assets but want to wait for 2 years before applying for divorce.

A solicitor needs to be involved but I don't know what they would charge.

They are not easily enforced if one side doesn't abide so the general advice is get divorced if you can and then the finances are set in stone (pretty much)

Have you filed for divorce ?

HTH

poppy

Hi do you mean it is better to get divorced quickley ?ie not wait 2 years we have not sorted out fiances yet as we are both broke

Hi,

IF you definitely know that you DEFINITELY want to be divorced then yes, from a point of sorting out the finances in a way that they can't be unravelled, it is better to get divorced now rather than wait 2 years.


If you are both broke it is even more straightforward as there is nothing to argue over:)

What you always need to bear in mind is that if in two years time you start the divorce proceedings and one of you is broke and the other is not, the rich one cannot protect their savings, it could all go into the pot.

HTH

poppy

Madam,

It's not easy to answer your question, but perhaps a few
general remarks might help and if you want to follow up on any of them, please do.

You don't need a separation agreement before you get divorced and in your case it would probably be an unnecessary expense.

People might want to get separated rather than divorced for two main reasons ; the first is where there are religious objections to divorce ; and secondly the parties may want a trial separation which may or may not lead to a divorce.

You don't need an agreement or a Court order to live apart.

Next comment is that the divorce itself need not cost too much ; it's problems over the children and/ or finances which cause the trouble.

I would like to know the following information :
1. How long have you been married ?
2. Do you have dependent children ?
3. Where do you both live ? Is this rented or do you own it ?
4. You say you are ' broke ' but what do you mean ? Is it just that you're having a temporary hiccup or are your financial problems serious ?
5. Is either of you in receipt of benefits ?

Obviously Poppy is right, if you have no assets then there's nothing to argue about and you need debt advice.
But if you have kids, that changes quite a lot.

Mike

Ive got a separation agreement which was drawn up by a solicitor. With advice....most of which I knew anyway as I drafted the amounts (in cooperation I may add) and the wording which was put into legalese. Cost as she suddenly bjected to a couple of points so it was redrawn was approx £1500. Word of warning though. Unless ratified by a court it is only an agreement to agree. As previously stated if one of your fortunes changes then this could affect matters greatly. Also anything could be overturned by a court if it thinks that some points are unfair. For example my agreement was based on property values in May 07 (( Im in property and living in the marital home)) Since then CGT has changed from my potential 12% to 18% , property prices have dropped, marital home value has dropped. Mortgage rates increased. On her side her income is dropping and competition has entered into her sphere of work bigtime. And we are in recession. So maybe my agreement is worth as much as a fag packet. Be assured as I am keeping on top of the situation and that includes inheritances/winning lottery etc.
My advice is keep your records up to date.

Hi thanks for all your tips We have been married 27 years before we split. Grown up disabled children living with me in house i brought in my name when we seperated 10 years ago[then got back together] ex is living with a male freind while renting out a property he bought in his name while living off of me. WE THEN BOUGHT ANOTHER PROPERTY FOR EX AND I TO LIVE IN[in both our names] which now we are going to try and rent out to help pay the morgage We are both working earning good money but i am struggling to pay morgage on house im living in and property we jointley bought which we hope to rent out,i stupidley took a loan out to pay for things [in my name] for the joint property so i am sruggling money wise i am also still helping to keep disabled grown up sons who are both on benefits ie DLAthey are not working. I am still a little confused is it better for us to divorce before we have sorted out fianances?I JUST WANT THIS TO BE OVER[BY THE WAY WE ARE STILL TALKING] CONFUSED SO AM I:blush: